B.S. ANAND KUMAR Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) This appeal is preferred by the appellant-accused being aggrieved by the judgment and order of conviction and sentence dated 20.7.2017 passed by XXIII Additional City Civil and Sessions Judge and Special Judge, Bengaluru, in Spl.C.C. No. 168/2012. By the said judgment, the appellant-accused has been convicted for the offence punishable under section 7 of Prevention of Corruption Act, 1988 (for short the PC. Act) and sentenced to undergo simple imprisonment for six months and to pay fine of Rs. 4,000/-, in default, to undergo simple imprisonment for one month. The appellant-accused has been further sentenced to undergo imprisonment for one year for the offence punishable under Section 13(1)(d) read with Section 13(2) of P.C. Act and to pay fine of Rs. 6,000/-, in default, to undergo simple imprisonment for two months.

(2.) The case of prosecution as per complaint averments is that accused being public servant was working as Junior Engineer in the Office of the BESCOM. C.W. 1 (R.K. Muniraju) being an electrical contractor submitted application to the BESCOM for preparation of sketch in respect of the building of one M. Srinivas. On 13.12.2010, C.W. 1 approached the accused for the said purpose for which the accused demanded Rs. 10,000/- towards illegal gratification and on the request of C.W.1, he reduced to Rs. 5,000/-. As C.W.1 was not willing to pay the bribe amount, he approached Lokayuktha Police Station and made an oral complaint. The further averments is that the Police Inspector of Lokayuktha gave voice recorder to C.W. 1 and instructed to record the demand of bribe amount from the accused to do official favour. Accordingly, C.W. 1 approached the accused along with the voice recorder and recorded the demand of bribe and went to Lokayuktha police station and lodged a report with the Police Inspector. On the basis of which a case came to be registered in Cr.No. 62/2010 for the alleged offences punishable under Sections 7, 13(1)(d) read with Section 13(2) of the P.C. Act. After completion of investigation, the investigating officer filed charge sheet as against the accused-appellant herein for the offences punishable under Sections 7, 13(1)(d) read with Section 13(2) of the P.C. Act. After hearing both sides, the Court below framed the charges as against the appellant-accused for the said offences and when read over, the accused denied the charges and claims to be tried.

(3.) The prosecution, in all, has examined 5 witnesses as per P.Ws.1 to 5 and got marked the documents as per Exs.P.1 to P.26 so also got marked the material objects as per M.O. Nos. 1 to 10. On the side of defence, no witness was examined nor got any documents marked.